Is it Worth Making a Late Settled Status Application Under the EU Settlement Scheme
There was so much publicity about the closure date for settled status applications under the EU Settlement Scheme that those who are entitled to apply for pre-settled status or settled status under the EU Settlement Scheme but did not do so by the 30 June 2021 are now worried about making a late application under EU Settlement late applications, fearing that they have left it too late. In this blog our immigration solicitors look at whether it is best to make a late settled status application under the EU Settlement Scheme or do nothing.
UK Online and London Based Immigration Solicitors
For advice on any aspect of settled status for EU nationals or immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Applying late for settled status
If you are from an EU country or the EEA or Switzerland or a family member entitled to apply for pre-settled status or settled status under the EU Settlement Scheme then it isn’t too late to apply despite the official deadline of the 30 June 2021 . More than six million people have applied for settled status including late application for Settled Status under the EU Settlement Scheme and over 58,000 have applied since the official cut-off date of the 30 June 2021.
If you don’t apply for pre-settled status or settled status it could mean:
- The Home Office could eventually take enforcement action against you because to live and work in the UK as an EU national you either need pre or settled status or have the relevant visa, such as a skilled worker visa or intra company transfer visa or start-up visa.
- You get an adverse immigration record because you should have applied for settled status or for a visa. Your immigration record is something that Home Office officials consider when deciding whether or not to grant a visa.
- If you have secured pre-settled status or settled status under the EU Settlement Scheme or you have a pending application you have a right to work and a right to rent in the UK. If you have not made an application that has either been successfully determined in your favour or you are awaiting a Home Office decision on your application then you no longer have the right to rent or the right to work in the UK.
You may be one of a number of EU nationals who think that they can deal with the settled status application when it becomes a problem but that is not the best approach because:
- When you eventually get round to making a settled status application the Home Office may have tightened up its guidance on whether late settled status applications should be approved.
- You will remain in limbo and this may prevent your plans to go abroad on holiday as border officials may not let you back into the UK if they think you are living in the UK without pre or settled status or a visa giving entry clearance. Although you don’t need a visa to visit the UK if you are from an EU country a person can only stay for up to six months and are limited to permissible business activities (that does not include most forms of work).
- If you don’t have pre or settled status you will need a work visa to have the right to work in the UK. Under the UK points-based immigration system the skilled worker visa is the main work visa. There is no visa route for most specific jobs ( for example a plumber visa ) and you have to have a job offer from a UK sponsoring employer who has a Home Office issued sponsor licence. The job will only qualify for a skilled worker visa if the skill level meets the eligibility criteria and the employer is going to pay a salary of the minimum salary threshold or going rate for the job. This gives you far more limited opportunities.
Government reassurances about late settled status applications
On Friday the 6 August the Home Office announced that EU nationals who apply late to the EU Settlement Scheme will have their rights protected while their pre-settled status or settled status application. This means if you make a settled status application you retain your right to work in the UK whilst your application is determined.
UK Online and London Based Immigration Solicitors
For advice on any aspect of immigration law call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.